63M-7-503.  Restitution — Reparations not to supplant restitution — Assignment of claim for restitution judgment to Reparations Office.

(1)  A reparations award may not supplant an order for restitution under Title 77, Chapter 38b, Crime Victims Restitution Act, or under any other provision of law.

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Terms Used In Utah Code 63M-7-503

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
  • Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502
  • Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 63M-7-502
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
(i) criminally injurious conduct; or
(ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502
  • Writing: includes :Utah Code 68-3-12.5
    • (2)  The court may not reduce an order for restitution based on a reparations award.

    (3) 

    (a) 

    (i)  If a victim receives a reparations award and the office is assigned the victim’s claim for restitution, or a portion of the victim’s claim for restitution, under Section 63M-7-519, the office may file with the sentencing court a notice of restitution listing the amounts or estimated future amounts of payments made or anticipated to be made to or on behalf of the victim.

    (ii)  The office may provide a notice of restitution to the victim or victim’s representative before or at sentencing.

    (iii)  The office’s failure to provide notice under Subsection (3)(a)(i) or (ii) does not invalidate the imposition of the judgment or an order for restitution if the defendant is given the opportunity to object and be heard as provided in this part.

    (b) 

    (i)  Any objection by the defendant to the imposition or amount of restitution under Subsection (3)(a)(i) shall be:

    (A)  made at the time of sentencing; or

    (B)  made in writing within 20 days after the day on which the defendant receives the notice described in Subsection (3)(a) and filed with the court and a copy mailed to the office.

    (ii)  Upon an objection, the court shall allow the defendant a hearing on the issue.

    (iii)  After a hearing under Subsection (3)(b)(ii), the court shall:

    (A)  enter an order for restitution in accordance with Section 77-38b-205; and

    (B)  identify the office as an assignee for the order for restitution.

    (iv)  Subject to the right of the defendant to object, the amount of restitution sought by the office may be updated and the office identified as an assignee of an order for restitution in accordance with the time periods established under Subsection 77-38b-205(5).

    (4)  If no objection is made or filed by the defendant under Subsection (3), the court shall upon conviction and sentencing:

    (a)  enter an order for restitution in accordance with Section 77-38b-205; and

    (b)  identify the office as an assignee for the order for restitution.

    (5) 

    (a)  If the notice of restitution is filed after sentencing but during the term of probation or parole, the court shall:

    (i)  modify any order for restitution to include expenses paid by the office on behalf of the victim in accordance with Subsection 77-38b-205(5); and

    (ii)  identify the office as an assignee of the order for restitution.

    (b)  If an order for restitution has not been entered, the court shall:

    (i)  enter an order for restitution in accordance with Section 77-38b-205; and

    (ii)  identify the office as an assignee of the order for restitution.

    Amended by Chapter 260, 2021 General Session

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